Apprenticeship and training funds have a long history of providing skilled workers for a number of industries. These funds are classified as employee welfare benefit plans under the Employee Retirement Income Security Act of 1974 (ERISA) and are typically exempt from federal income taxation under the Internal Revenue Code (IRC).
As a result, apprenticeship and training funds are subject to many of the same laws and requirements that apply to other multiemployer welfare plans. But because of their training and education function, it is important to know that these funds are subject to additional laws and requirements as well.
A chapter in Trustee Handbook: A Guide to Labor-Management Employee Benefit Plans, Revised Eighth Edition, written by Richard T. Kennedy and Levi K. Logan and published by the International Foundation, provides an introduction to apprenticeship and training plans. Specifically, the chapter explores which laws and regulations apply to apprenticeship plans, who manages these plans, plan policies, tax exemption provisions, ERISA reporting and disclosure requirements, insurance needs and more.
To illustrate, the excerpt below defines and articulates the specific contents of an apprenticeship agreement.
What Is an Apprenticeship Agreement?
DOL regulations also require an apprenticeship agreement. Generally, this is a written agreement between the program sponsor and the apprentice. The agreement sets forth the terms and conditions for the employment and training of the apprentice. The apprenticeship agreement is registered with the registration agency as evidence of the apprentice’s participation in the apprenticeship program.
DOL regulations specify the contents of the agreement. In addition to incorporating the standards of apprenticeship, the agreement must (among other things):
- Identify the apprentice and the apprenticeship program
- List the occupation in which the apprentice is to be trained
- Specify the term of the apprenticeship program
- State the graduated scale of wages to be paid
- Include statements on the required cancellation provisions
- Provide contact information for the party designated to receive and resolve complaints.
Apprenticeship agreements are prepared in conjunction with the standards of apprenticeship. DOL, state agencies, the international union or a national apprenticeship and training program can provide advice and assistance on preparation.
This excerpt is from Chapter 25: Apprenticeship and Training Funds in the Trustee Handbook: A Guide to Labor-Management Employee Benefit Plans, Revised Eighth Edition. See detailed table of contents for the book.
The International Foundation offers many additional resources for your training and education fund. Visit out our Apprenticeship Resources web page for news, survey data, case studies and upcoming educational opportunities.
[Related Reading: Virtual Instruction Strategies for Apprenticeship Programs]
Justin Held, CEBS
Senior Research Analyst at the International Foundation
The latest from Word on Benefits:
- The State of Multiemployer Health Plans: Ten Takeaways
- Where We Are Now: Special Financial Assistance Under the American Rescue Plan Act
- Education Benefits for Recruiting and Building Talent
- It’s Coming—The End of the COVID-19 Emergencies
- Legal & Legislative Reporter: Third Party Administrator Liable for Violation of ACA Antidiscrimination Provision